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APPEAL TO GENERAL COURT-MARTIAL AUTHORITY
Under provisions of the Privacy Act, the Freedom of Information Act, Article 138 of the UCMJ, all applicable Army Regulations and DOD Directives including AR 40-68 and Whistleblower Protection via Senator Strom Thurmond and Representative Norm Dicks, the allegations are presented so that they may be verified by full investigation.
Thirteen requests for relief to Madigan Army Medical Center IAW UCMJ Article 138, AR 40-68, and Privacy Act are as follows:
The paperwork inconsistency which COL Howard Cushner identified and acted upon to restrict Dr. Smith’s credentials once again on October 11 2000 is one of the inconsistencies that Dr. Smith had already reported to COL Tony Carter in June 2000.
Dr. Smith received notice on October 23 2000 that the Credentials Committee had not clarified past admitting privileges, but had only added them now. Consequently he sent his appeal under Army Regulation 40-68 (credentialing) and Article 138 (of the UCMJ) to the General Court-Martial Authority on November 1 2000.
If the admitting privileges are not recorded accurately as having been awarded 2 years ago by the Credentials Committee, then Madigan runs the risk of legal exposure for knowingly allowing an unprivileged physician to admit patients to the hospital. This would violate Medicare and HCFA rules that Joint Commission Standards must be followed.
The following persons knew that Dr. Smith has had inpatient admitting privileges: Dr. Smith, the members of the Credentials Committee, Brigadier General Mack Hill, COL Tony Carter, and Clinic personnel. The members of the Credentials Committee assisted Dr. Smith in obtaining inpatient consultations from their Departments. Recognizing the admitting privileges now retroactively would reconcile the facts, and limit any legal exposure by Madigan for credentials inaccuracies.